Terms of Service

eWardsClub.com Terms and Conditions

Membership Agreement

BE SURE TO CAREFULLY READ AND UNDERSTAND ALL OF THE RIGHTS AND RESTRICTIONS DESCRIBED IN THIS AGREEMENT BEFORE USING THIS WEBSITE ("WEBSITE").

CLICKING “I ACCEPT,” OR LOGGING IN TO THIS WEB SITE, OR USING THE SOFTWARE, AS THE CASE MAY BE, INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU SHOULD NOT ENROLL OR LOG IN AS A USER AT THIS WEB SITE. IN SOME CASES YOU WILL NOT BE ABLE TO COMPLETE YOUR ENROLLMENT UNLESS OR UNTIL YOU ACCEPT THIS AGREEMENT BY CLICKING “I ACCEPT.”

eWardsClub leverages cost per action or affiliate (“Affiliate”) marketing commissions from partner networks ("Affiliate Networks"). To ensure that you, as a eWardsClub.com Registered Member ("Member"), fully understand what your rights are as a Member, and what our responsibilities are to you, we have created this Membership Agreement ("Agreement"). As a Member of the eWardsClub.com website (referred to herein as "eWardsClub.com" or the "Website"), you agree that you have read, understood and agreed to the following "Terms and Conditions," and consent to be bound by all of the "Terms and Conditions," including any future amendments or updates thereto. This Agreement explains the terms and conditions governing membership in the Rewards Club (the "Rewards Club Terms and Conditions"), and it is your responsibility to read and understand them. Participation in the Rewards Club and its benefits are offered at the discretion of eWardsClub, and eWardsClub has the right to change the Program Terms and Conditions, in whole or in part, at any time with or without notice.

Eligibility

1. To be eligible for cash back rewards, you must agree to this document in full and adhere to the follow eligibility rules:

a)You must have Internet access and a valid working e-mail address to receive the privileges of the Rewards Club.
b)To become a Club Member, you must be an individual, 18 years of age or older.
c)Members must be human: no machines, scripts, or automated services may be used to earn rewards in any way from the use of eWardsClub.com.
d)Each member can have only one active account. Any duplicate accounts will be subject to deletion and all rewards forfeit.
e)You must use the specified unaltered link marked with cash back rewards on the eWardsClub.com website when starting any rewards based transaction and you must have cookies and javascript enabled on your web browser.
f)You must start and complete any rewards based transactions in the same sitting or session.
g)If you are unable to complete the transaction, then you will have to return to the eWardsClub.com website and start the transaction by clicking on the cash back rewards link.
h)You must reside in the United States of America or Canada to be considered eligible for cash back rewards.
i)Any violation of the terms of service stated in this document will result in the termination of your club membership and the loss of any unpaid or future rewards.
j)Referral rewards will only be paid to Club owners who have at least 5 active members who have made qualifying purchases in the past 6 months.

Reasons that might preclude you from earning eWardsClub Cash Back rewards, include, but are not limited to the following:

a)You do not log onto eWardsClub.com before starting your shopping session
b)You go directly to the participating merchant without first visiting our Offers page
c)You complete multiple transactions without returning to our Offers page. Each shopping session must start by clicking an offer on the eWardsClub.com website.
d)You take to much time completing a shopping session, which is typically more then a day. Download our toolbar to make sure that you are credited for all shopping session.
e)You will not be credit for changes to your order, made by you or the Affiliated Website.
f)You fail to abide by the rules stated or the use of the offer by a Affiliated Website or the Affiliated Websites terms of service.
g)You do not reside in the United States or Canada
h) The Affiliated Website fails to transmit to eWardsClub the commission corresponding to the transaction for any reason or any commission transmitted to eWardsClub is required to be repaid by an order of any court of competent jurisdiction, or due to charge backs or refunds.
i)You do not follow the specific instructions on what is and is not qualified for rewards based on the offer that you are linking to from the eWardsClub.com website.
j)You must not clear your browser Cookies as this will remove our ability to track all rewards based transations.

Accrual of Cash Rewards

2. Members will be credited, subject to the terms and conditions in this Agreement, a percentage of the net purchases or a flat rate reward based on transactions they make at affiliated websites ("Affiliated Websites") accessed via eWardsClub.com. The specific cash back payment associated with each Affiliated Website will be posted on the eWardsClub.com website. The net purchase will be defined on an offer by offer basis and is subject to change without notice. Club Members agree to adhere to the Affiliate Websites' Terms of Service.
3. As a Member, purchases made using specially marked links on the eWardsClub.com website to Affiliated Websites will be deemed "Qualified Purchases" and will earn cash back rewards if and only if all of the following criteria and steps are followed. The Club Member must be logged into the eWardsClub.com website. Browser "Cookies", must be enabled on your web browser. Qualified Purchases must begin by clicking on any specially marked eWardsClub.com links to an Affiliated Website. The eWardsClub.com link to an Affiliated Website must not be altered in anyway. All purchases must be started and completed in a single sitting or shopping session after the member clicks an offer link to an Affiliated Website via the specially marked eWardsClub.com link. If a purchase is is not completed during a single session, it will not be considered a qualified purchase. Purchases must not use coupons provided by any party other than eWardsClub. Members will have the choice between Coupon offers and Cash Back offers, but in many cases they will not be able to use both in conjunction.
4. The determination of whether or not a purchase made through an eWardsClub Affiliated Website is a "Qualified Purchase" is at the sole discretion of eWardsClub. All cash back rewards earned by Members are subject to review. Necessary adjustments may be applied to Member accounts at any time by eWardsClub at its sole discretion. If you do not agree to adjustments made to your account, you will be able to file a formal dispute.
5. If an Affiliated Websites fails to report a transaction to eWardsClub, or withholds payment to eWardsClub for a particular transaction for any reason, eWardsClub reserves the right to cancel any rewards associated with that transaction. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, violations of the terms of the specific offer, violations of the Terms of Service of the Affiliated Website, violations of this Terms of Service document. Such adjustments can be applied to Member accounts at any time by eWardsClub at its sole discretion. Should you disagree with any adjustments made to your account, you will be able to file a formal dispute.
6. It is your sole responsibility to claim income related to the payment to you of your accrued cash back rewards. Your cash back rewards, depending on the amount you have been payed or accrued and the tax laws of federal, state, and local jurisdictions that are in effect at the time of the payout or accrual, maybe subject to income related taxes. eWardsClub is not responsible for providing you with any tax documentation and it is your sole responsibility to do your own due diligence in relation to the tax laws in your local jurisdiction as well as federal. In all instances, you will be solely responsible for any and all tax liability arising out of your accrual or redemption of cash back rewards.
7. It is your responsibility to check your account regularly to ensure that cash back rewards have been properly credited and that your account balance is accurate. If you do not believe that a cash back reward has been correctly credited to your account your dispute must be filed within one week of the original shopping session.
8. eWardsClub is not responsible for changes to, or discontinuance of, any Affiliated Websites, or for any Affiliated Websites withdrawal from the Program, or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal. eWardsClub is not responsible for changes to, or discontinuance of, any special offers or coupon codes at an Affiliated Websites site. It is the Member's responsibility to make sure that all discounts are valid. If you choose to use coupons and discounts that are not listed on the eWardsClub.com site, we cannot guarantee that you will be eligible to receive an eWardsClub cash back reward on your purchases.
9. eWardsClub reserves the right to terminate any account for abusive or fraudulent activity, or if the Member is no longer reachable at the e-mail address provided. Accounts that become inactive for more then 180 days, will lose any referral based rewards.
10. If for any reason a user is not credited for an order that they feel they should have been, they will have the right to file a formal dispute. Formal disputes will be resolved on a first come first serve basis and may take up to 3 months to complete. There are no guarantees that the dispute will end in the Members favor. Proof of purchase in the form of an Invoice from the Affiliated Website will be required for any dispute, as well as proof that no charge back, refund or cancellation of the order was completed within a 90 day period of the original transaction.

Referral Rewards

11. To earn referral rewards, you must first create a Club by inviting at least 5 active Club Members. An active Club member is someone who has made a “Qualified Purchase” within the prior 180 days. Once you have at least 5 active Club Members in your First Tier, you will earn Referral rewards in the form of a 20% bonus on any rewards on Qualified Purchases made by your Tier One Club Members. When your Tier One Club Members create their own Clubs by inviting members, they become your Tier Two Club Members, you will earn Referral rewards in the form of a 10% bonus on any rewards on Qualified Purchase made by your Tier Two Club Members. When your Tier Two Club Members create their own eWards Clubs by inviting members to join, they will become your Tier Three Club Members and you will earn bonus rewards in the amount of 5% of any rewards earned on Qualified Purchases made by your Tier Three Club Members.

12. The bonus referral fees are only paid on Tiers One through Three. There is no limit to the number of Members you can have in any of your Three Tiers. There is also no limit to how much you can earn in Bonus rewards, but you must maintain at least 5 active Tier One Club Members.

13. Club Members can only be a Member of one Club and cannot change the club that they are in. If a member is found to be in more then one Club, then the member will be terminated without notice. If a member is found to have moved from one Club to another, then the Member will be terminated without Notice.

Payment Schedule

14. PROPRIETARY RIGHTS; RESTRICTIONS. Member acknowledges that eWardsClub owns the Website and all content therein, that the Websites' source code is not generally published, and that the Website embodies eWardsClub’s trade secrets. All right, title and interest in and to the Website and all content therein, including without limitation, all copyrights, trade secrets and other intellectual property rights pertaining thereto will remain vested in eWardsClub. Except as expressly authorized by this Agreement, Member may not use, display, modify, distribute or reproduce the Website. In addition, Member shall not transfer, rent, lease, reverse engineer, sublicense, decompile or disassemble the Website. eWardsClub reserves all rights not expressly granted to Member hereunder. The parties agree that monetary damages will not be an adequate remedy for breach of Member's obligations set forth herein. In addition to all other remedies, eWardsClub will have the right to apply to a court of competent jurisdiction for equitable relief. eWardsClub may conduct periodic audits in order to verify Member's compliance with the terms and conditions of this Agreement.

15. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL eWardsClub HAVE ANY LIABILITY TO MEMBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS (INCLUDING ATTORNEYS' FEES) RESULTING FROM ANY CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) REGARDING THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE, OR PERFORMANCE OR NONPERFORMANCE OF, THE WEBSITE OR ANY SERVICES PROVIDED BY eWardsClub, EVEN IF eWardsClub HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL eWardsClub BE LIABLE TO LICENSEE UNDER THIS AGREEMENT OR OTHERWISE, REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE LICENSE FEES PAID UNDER THIS AGREEMENT FOR THE THEN-CURRENT MEMBERSHIP PERIOD FOR THE WEBSITE.

16. MISCELLANEOUS. Jurisdiction, Choice of Law. This Agreement is made in and shall be governed by the laws of the state of California, excluding choice of law principles, and all actions with regard to any Website use under this Agreement shall have proper jurisdiction and venue in the state or federal courts of California. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement. Assignment. Website users shall not assign this Agreement, in whole or in part, without the prior written consent of eWardsClub. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns. Use of Name. eWardsClub shall have the right to refer to Website users in press releases and/or other marketing materials as a eWardsClub user of the website. Survival. Any provision of this Agreement which by its terms or nature is intended to survive shall survive the termination or expiration, as the case may be, of this Agreement. Severability. This Agreement shall be deemed severable. If any part of this Agreement is found invalid or unenforceable under current or future laws, the invalid or unenforceable provision shall be severed and of no force or effect, and the remaining provisions shall remain in full force and effect and shall not be affected by the invalid or unenforceable provisions or by their severance herefrom. Entire Agreement. This Agreement, the Documentation, and any invoices arising under it contain the entire agreement and understanding between the parties and supersede all prior or contemporaneous negotiations, proposals, discussions, correspondence, agreements and understandings relating to the subject matter of this Agreement. The terms and conditions of this Agreement may not be modified or amended except in writing, signed by both parties hereto. Any waiver of any term or condition herein must be in writing. No such waiver shall be considered a continuing waiver or waiver of any other term or condition herein.